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Lawyers claim repeated denial to clients at Oregon ICE facilities

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Lawyers claim repeated denial to clients at Oregon ICE facilities


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U.S. District Court Judge Ann Aiken heard additional testimony during a two-hour hearing on Dec. 18 in Innovation Law Lab’s lawsuit against U.S. Immigration and Customs Enforcement, Customs and Border Protection, and the Department of Homeland Security over what they say is a systemic denial of access to counsel at Oregon ICE facilities.

Attorneys with Innovation Law Lab first filed the suit in October on behalf of CLEAR Clinic and the farmworker union Pineros y Campesinos Unidos del Noroeste. An amended complaint was filed on Nov. 13, adding “Leon X” as a plaintiff and seeking class action status.

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The suit asks Aiken to issue a preliminary injunction requiring the federal government to grant access to counsel before someone is transferred out of state.

In a Dec. 15 court filing, Innovation Law Lab said ICE, CBP and DHS’s system for access to counsel is “no system at all.”

Director of Legal Advocacy at Innovation Law Lab Tess Hellgren again told Aiken that the federal government has been making mass arrests and detaining people across Oregon to meet quotas disclosed in other cases.

“What defendants have not made efforts to increase, as established by their own declaration, is access to counsel at the Oregon field offices,” Hellgren said. “Individuals detained at these Oregon field offices are allowed to access counsel only if it is convenient for defendants.”

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Hellgren said access to counsel at Oregon field offices is crucial.

“What happens at these Oregon facilities before transfer may result in irreversible consequences for an individual case,” Hellgren said.

Surge of ICE arrests in Oregon in recent months

Civil immigration arrests increased 1,400% since October and 7,900% compared to 2024, according to Innovation Law Lab.

Emily Ryo, a professor at Duke University Law School, submitted research in a declaration for the lawsuit using data released by ICE in response to a Freedom of Information Act request.

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That dataset revealed that the average daily ICE arrest rate in Oregon rose from 0.3 to 1.39 per day in the summer of 2025. In October, daily arrests in Oregon surged to 17.45 arrests per day.

The Portland Immigrant Rights Coalition said that during October, the hotline received reports of more than 292 detentions, at a rate of 15 to 45 per day. PIRC received reports of at least 35 people detained in Woodburn in a single day.

Woodburn declared a state of emergency on Nov. 21. Other nearby cities, like Salem, have also declared emergencies.

In November, PIRC received reports of 373 detentions, and the hotline received reports of 94 detentions in the first week of December, according to court documents.

Organizing Director for PCUN Marlina Campos said the organization has had to stop focusing on key campaigns to be in “rapid response mode.”

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Staff patrol the streets to monitor ICE activity and notify PCUN members if they cannot leave their homes or go to work. Staff have also canvassed door-to-door and heard directly about ICE’s impact, Campos said. At least four PCUN members have been arrested, she said.

Campos described Oct. 30 on the stand, saying she saw masked agents cross the street as she made her way to PCUN’s office in Woodburn. Campos said she got out of her car, started recording and contacted PIRC.

“There was a lot of panic,” Campos said. “It was unbelievable.”

Lawyers detail difficulties contacting Oregon detainees before transfer

Aiken heard testimony from CLEAR Clinic staff attorney Josephine Moberg and Eugene immigration attorney Katrina Kilgren about their recent difficulties in meeting with clients at ICE offices in Portland and Eugene. Both submitted more than one declaration in support of the case.

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Moberg said she’s been to the Portland field office approximately 20 times since she began working at the CLEAR Clinic in June.

She said “oftentimes” officials say there is a problem that prevents her from meeting with prospective or current clients at the facility. Moberg said it takes a “few exchanges” before officers permit her entrance.

She spoke further about her experience of being denied access to the facility on July 30. According to a declaration, Moberg was at the facility, waiting in the lobby for more than an hour to meet with prospective clients, but was never able to do so. Her clients were transported out of Oregon, presumably while she was waiting, she said. Moberg submitted another declaration about a similar experience on Nov. 11 when she attempted to meet with seven prospective clients who had been arrested.

Officers came outside and told her and another attorney that the building was closed for Veterans’ Day. Large vans with tinted windows entered and left the facility as Moberg was outside.

Kilgren said attorneys have been told to wait outside the Eugene building since May and June of 2025. She said three dates stood out: Oct. 15, Nov. 5 and Nov. 19, when several people were arrested in the Eugene area.

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In a Nov. 4 declaration, she said she had appointments with two people she was representing but was refused permission to join them. A building security guard threatened to trespass her if she did not exit, she said.

She said access at the Eugene office keeps getting “more and more limited.”

Both Moberg and Kilgren spoke of difficulties scheduling meetings with clients at the Tacoma, Washington detention center and other facilities.

Moberg said she went to attend a video call with a client at the Louisiana detention center last week and learned he had already signed voluntary departure paperwork and had been deported before he was able to receive any advice about his rights.

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Federal government limits hearing response, denies claims

U.S Department of Justice attorney Michael Velchik did not provide an opening statement and called only CLEAR Clinic executive director Elena Tupper as a witness.

Velchik asked how many CLEAR Clinic attorneys she supervises and whether CLEAR Clinic is registered to have itself listed at ICE offices. Tupper said CLEAR Clinic is not, but the Equity Core of Oregon, which CLEAR Clinic is part of, is.

ICE, CBP and DHS denied that they regularly restrict access to lawyers and also asked the court not to grant class-action certification.

They said limitations exist at all three of ICE’s field offices in Oregon, located in Portland, Eugene, and Medford, because individuals cannot be held longer than 12 hours at the offices under land use agreements. Those limitations mean it is not always possible to accommodate immediate in-person visitation with attorneys before transport, lawyers for ICE, CBP, and DHS said in a Dec. 15 filing.

They said Innovation Law Lab presented “no evidence” that Leon X was likely to be arrested and subsequently unlawfully denied access to an attorney while in custody. They also pushed back against the existence of a uniform policy or practice as a reason Aiken should decline class-action certification.

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Velchik said the government was concerned that the lawsuit could be used “to leverage the machinery of the judiciary” to interfere with and affect the safety of ICE facilities and enforcement of immigration law.

“I can’t stress enough that the government emphatically opposes any injunction that would restrict our ability to protect the safety of federal officers and detainees by limiting where and how long they must be detained,” Velchick said.

He said the plaintiffs would want a CLEAR Clinic attorney to sign off before DHS could perform a transfer, a notion he called “insane.”

Aiken said she would take the court filings and testimony into consideration.

She said she would issue an opinion “as quickly as possible,” but did not provide a projected date for that decision.

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Dianne Lugo covers the Oregon Legislature and equity issues. Reach her at dlugo@statesmanjournal.com on X @DianneLugo or Bluesky @diannelugo.bsky.social.





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Couch: 3 quick takes on Michigan State basketball’s 68-52 win at Oregon

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Couch: 3 quick takes on Michigan State basketball’s 68-52 win at Oregon


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1. MSU rides a couple great performances to a win in a game it could have lost

EUGENE, Ore. — That’s how you win the Big Ten. Not that performance by Michigan State — the Spartans will have to be better in several ways against stiffer tests later in conference play. But it’s partly games like this — when you find yourself in a battle on the road against a wounded team that seems connected and up for the fight — that decide championships and seeding in the NCAA tournament. 

For the second straight game in the Pacific Northwest, MSU wasn’t its best in some of the ways it has been this season. For the second straight game, it pulled away behind the deft play of point guard Jeremy Fears, and this time with outstanding games from two others in its core four, Carson Cooper and Coen Carr. 

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On a night Jaxon Kohler found himself in foul trouble early and never got going offensively (taking just three shots), Carson Cooper was as close as he’ll ever be to Hakeem Olajuwon, scoring a career-high 19 points, on 8-of-10 shooting, to go with seven rebounds and four blocked shots. Coen Carr, with 15 points and eight rebounds, played with purpose we hadn’t seen from him in recent games.

And so MSU, which trailed 38-35 and led just 42-41, got away with a game that might have gone differently if not for a few great performances and a finish during which the Spartans showed a lot of the mettle we’ve seen all season.

MSU, now 17-2 and 7-1 in the Big Ten, needs wins over Maryland (Saturday) and at Rutgers (next Tuesday) to get to 9-1 at the turn of league play when Michigan visits Breslin Center on Jan. 30.

Coen Carr answers emphatically — and this should be his every night

Tom Izzo won’t have to stick up for Coen Carr after this one. Three days after declaring it would be a “cold day in Hell” before he gave up on Carr after Carr’s uninspiring performance at Washington and January struggles, Carr delivered an emphatic performance — best characterized by his driving layup through Oregon’s Sean Stewart to give the Spartans a 53-42 lead with 7:15 remaining. 

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That play spoke to his mindset and aggression all night. Forget the shooting — hitting 3 of 5 3-pointers is nice and it would be outstanding for this team if he hit them more regularly. But it was the purpose with which he played all night that stood out.

Carr finished with 15 points on 6-for-9 shooting. But he also pulled down eight rebounds and dished three assists, a couple of them really nice plays, in 27 minutes.

It was a heck of an answer to a lackluster start to the month. He also showed what he’s capable of — on the glass and as a playmaker — and that should be expected every night.

A Trey Fort sighting — when MSU needed it

Trey Fort has become the odd man out for MSU’s basketball team for most of this season. He’s behind Divine Ugochukwu, Kur Teng and Jordan Scott at shooting guard, largely because he hasn’t shown he can offer something at a higher level than those three. Ugochukwu gives the Spartans secondary ball-handling, Teng is the best shooter of the group and Scott is the best defender, rebounder and all-around impact guy.

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If Fort were hitting shots at a higher clip than 29% from 3 and 32% from the floor — heading into Tuesday night — or a difference-maker defensively, he’d have a larger role. Instead, he’s getting single-digit minutes most nights, including just three against Northwestern, two against Indiana and five at Washington. To his credit, his body language and attitude have remained positive, at least in public settings and, by all accounts, around his teammates.

That’s important, because he’s a turned ankle from a much larger role. And still a capable player and shot-maker, and someone who can create his own shot — even if sometimes early this season it wasn’t the shot Tom Izzo and Co. wanted.

Tuesday at Oregon, he played 15 minutes, including the final 8:31 of the first half and more than six minutes in the second (another long stretch). He was what he hasn’t been for MSU regularly — a better option than Scott or Teng, neither of whom played aggressively or well. 

Fort hit two jump shots n the first half, the first to put MSU ahead 23-22 and then 25-22. Both came at the time the Spartans were struggling to find offense. In the second half, he entered the game with 13:52 remaining with MSU trailing 38-35 and completely out of sorts offensively. On MSU’s second possession with him in the game, Fort came off a screen and buried an 18-foot jumper. He then buried a 3 from the right side to put the Spartans ahead 42-38 with 11 minutes remaining.

Fort is a fearless shooter, which is both a strength and a weakness. On this night, it was a strength, his confidence needed. 

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MSU was plus-12 with Fort in the game in those 15 minutes and he finished an efficient 4-for-5 from the floor in two extended stints. These weren’t planned stints. But he’ll get more of them in the future because of it. And MSU will likely be quicker to go to him when the others aren’t producing. He got his opportunity and delivered when the Spartans needed it.

“Trey let the game come to him, instead of forcing the game,” Izzo said. “I was not only impressed, but I was excited for him. It’s been a rough go for him.”

Contact Graham Couch at gcouch@lsj.com. Follow him on X @Graham_Couch and BlueSky @GrahamCouch.



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Northern lights may be visible in Oregon following ‘severe’ solar storm

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Northern lights may be visible in Oregon following ‘severe’ solar storm


The northern lights could once again be visible in Oregon in the wake of powerful activity from the sun.

A strong solar flare on Sunday was followed by a severe geomagnetic storm on Tuesday, giving Oregonians and many others along the northern edge of the country another chance to see the auroras.

While Earth has entered the declining phase of solar cycle 25, that doesn’t mean northern lights viewing opportunities are going away. In fact, experts say, the declining phase can have longer, if lighter, geomagnetic storms, as well as powerful “last gasp” storms from the sun.

On Tuesday night, people in 18 states could get a chance to see the auroras on Tuesday night.

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The Tuesday, Jan. 20, 2026 aurora forecast.Courtesy of NOAA

The lights could be visible in Oregon, as well as in parts of Washington, Idaho, Montana, Wyoming, North Dakota, South Dakota, Nebraska, Minnesota, Iowa, Illinois, Wisconsin, Michigan, New York, Vermont, New Hampshire, Maine and Alaska.

To view the lights, stay away from light pollution and look toward the northern horizon.

Follow the Space Weather Prediction Center’s 30-minute aurora forecast to see the latest predictions of where the lights will be visible.



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Thousands advised to stay inside in Florida, Oregon

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Thousands advised to stay inside in Florida, Oregon


Thousands of residents in parts of Florida and Oregon have been warned to stay inside as the amount of fine particle pollution (PM2.5) in the atmosphere reached an “unhealthy” level on Tuesday as of 3 a.m. Eastern time, the Environmental Protection Agency’s (EPA) AirNow Map shows. 

Why This Matters

The EPA uses the Air Quality Index (AQI) to measure and communicate air quality across the United States. The AQI is a standardized scale from 0 to 500 that classifies pollution levels into six categories, ranging from “good” to “hazardous.” Higher AQI values indicate higher levels of pollution and greater health risks for people in the affected areas.

In this case, the AQI has classified the air pollution in parts of Florida and Oregon—including Orlando and La Pine, respectively—as “unhealthy” because of elevated levels of PM2.5. This means the levels of pollution could pose a health risk to all members of the public in the affected areas. 

The EPA said, “Even if you are healthy, you may experience temporary symptoms from exposure to elevated levels of particles.”

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The agency considers PM2.5 to be one of the most dangerous forms of air pollution. This is because the particles are so fine—less than 2.5 micrometers in size—they can be easily inhaled, penetrating deep into the lungs and bloodstream, potentially worsening any lung or heart conditions. PM2.5 can also trigger mild to severe symptoms such as coughing; eye, throat, and nose irritation; chest tightness; and shortness of breath, making breathing difficult. 

Advice for Those Affected by ‘Unhealthy’ Air Quality 

The EPA advises people in sensitive groups—which include children, older adults and individuals with medical conditions such as asthma—to avoid long or intense outdoor activities when air quality reaches “unhealthy” levels. 

Everyone else should reduce the duration or intensity of outdoor activities until conditions improve. For example, choose to go for a walk rather than a run.

During long or intense outdoor activity, people breathe more deeply and more frequently, which increases the amount of PM2.5 they inhale. This can irritate the lungs and may trigger or worsen existing health conditions.

But it isn’t only outdoor air that’s affected by elevated PM2.5 levels.

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Indoor air can also become polluted if these fine particles seep inside through open windows, doors or ventilation systems. 

The EPA suggests that those in affected areas should try to keep indoor air as clean as possible by using air purifiers or high-efficiency filters, keeping windows closed and avoiding activities that generate indoor pollution—such as burning candles, using wood‑burning stoves or lighting indoor fires—while the air quality is in the “unhealthy” range.

What Is Causing ‘Unhealthy’ Air Quality in Oregon, Florida? 

While the EPA hasn’t established the cause of the “unhealthy” air quality across parts of Florida and Oregon, PM2.5 can come from a variety of sources. 

These include dust from construction sites or unpaved roads, emissions from vehicles or industrial plants, or smoke from wildfires or smokestacks. 

Residents should monitor the AirNow Map and look out for updates from the EPA as air quality, like the weather, “can change from day to day or even hour to hour.”

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